Common use of Title Matters Clause in Contracts

Title Matters. Notwithstanding anything herein contained, the Unit shall not be considered to be in compliance with the provisions of this Agreement with respect to title unless: (a) all structures and improvements, including but not limited to any driveway(s), garage(s), and all means of access to the Condominium in which the Unit is located, shall be located wholly within the lot lines of the Condominium land and shall not encroach upon, over or under any property not within such lot lines, except to the extent that any encroachments are authorized by way of easements described in the Master Deed; (b) no building, structure, improvement or property of any kind belonging to another person or entity encroaches upon, over or under the Condominium from other property; (c) the Condominium abuts or has access to a public way, duly laid out or accepted as such by the Town of Wenham, Massachusetts; (d) the Condominium is serviced by all usual and customary utilities, including electric, gas (if applicable), telephone, municipal water, and any others which are brought to the Condominium directly from the street or under, across, or over land of another by means of a validly recorded unencumbered easement of record; and (e) title to the Unit is insurable, for the benefit of the Buyer, by a title insurance company reasonably acceptable to the Buyer, in a fee owner’s policy of title insurance at normal premium rates, in the American Land Title Association form currently in use, subject only to those printed exceptions to title normally included in the “jacket” to such form or policy and the standard so-called “Schedule B” exceptions and the exceptions permitted under Section 4 above. Any matter or practice arising under or relating to this Agreement which is the subject of a practice or title standard of the Massachusetts Real Estate Bar Association shall be governed by such standard to the extent applicable.